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While this data does not address the difference in risk in the driving hours, this is discussed immediately below. And I will look forward to working with this Committee in the future to address highway safety. They're in wide use. Regulatory Impact Analysis and Small Business Impact Analysis for Hours of Service Options prepared by fmcsa and ICE Consulting, Inc., August 15, 2005. Also, the authors suggested that a full two nights and 1 day off would be a minimum safe restart period under the conditions tested. About the Canadian Trucking Alliance The Canadian Trucking Alliance (CTA) is a nonprofit federation of Canada's seven provincial and regional trucking associations. We're going to hear from witnesses who've directly experienced what happened within their families when a tired trucker came barreling down the highway. The overwhelming majority of roadside enforcement actions are conducted by State and local enforcement personnel who have been trained and are certified to conduct roadside inspections in accordance with the North American Standard inspection procedures. The Regulatory Impact Analysis (RIA) Is Flawed and Does Not Support the Determinations Made in the Final Rule fmcsa attempts to justify some of the main features of the 2005 final rule by relying on the benefits-cost analysis in the RIA. Conversely, it is difficult to comprehend, as a mother who lost her son, why the Federal agency Congress created to protect the traveling public, the fmcsa, has shown so little safety leadership and made so little effort to address. Court of Appeals has twice overturned the hours- of-service rule, but the agency has just reissued the same exact problematic rule.

Hours of Service of Drivers; Driver Rest and

Claybrook.-for just the drivers. The RIA Does Not Take Into Account Cumulative Increases in Driving and Work Hours Permitted Under the Final Rule fmcsa completely ignores a quantified assessment of the costs and benefits of dramatically increasing cumulative truck driver hours. Finally, it should be stressed here that, over the years, fmcsa has tried repeatedly to manipulate reductions in the effects of truck driver fatigue on large truck crashes, with a descent from 15 percent in the 2000. In some cases, getting a restart will be the quickest way to get back on the road. Extension of the working day, in terms of overtime work, was particularly associated with more need for recovery in both men and women.' 29 An industry sector for the workers evaluated in the research was not provided. Even mandating a 10-hour continuous break is questionable since most humans only need 6.5 hrs of sleep per day to be fully functional, so exemptions to the 14-hour clock rule and allowing off-duty rest/sleep time.


In any event, fmcsa's new reliance on any figures on fatigue among truck drivers based on FARs is essentially worthless. Rosekind of Alertness Solutions concluded that translating these scientific results into operational practice would suggest that an anchor sleep opportunity'.5 hours and another sleep opportunity of 2 hours would likely provide the minimum number of sleep hours needed. Thank you for inviting me to testify on the subject that has great significance to the-to them, the rest of the men and women who make a living behind the wheel of commercial motor vehicles. Osiecki, do you get better in your 15th, 16th hour of work in a day, more efficient and more alert? This is why the IBT has asserted in all previous comments on this matter, that better enforcement is a critical component in any revision to the hours of service. Reinstatement of a national maximum speed limit of 65 mph for all vehicles. The rules must encourage truck drivers to get off the road when they are tired and must not penalize them for doing.


Compounding the prior violation of law by illegally clinging to these rules while the agency moves through a third round of rulemaking is not just a reflection of the agency's loss of perspective: it represents a breach. Lastly, I would like to take the time to recognize a very esteemed fellow Mainer-Ms. Eobr systems should be based on the minimal, functional and performance specifications male enhancement 60 hour rule necessary to accurately record and report hours-of-service compliance and assure reliability and utility of operation.' The industry has asked for uniform, minimum performance criteria for eobr devices and. Only 44 of these 10,732 crashes (0.4 percent) involved a truck driver drowsy or asleep. 38 Methodology of the Large Truck Crash Causation Study, Office of Information Management Publication fmcsa-RI-05-035, February 2005. The fmcsa has already unconscionably delayed the rulemaking process by first issuing an advance notice of proposed rulemaking with no stated calendar of when the agency will actually issue a proposed rule. Eobrs are designed to automatically capture information regarding the time during which a commercial motor vehicle is operating, however, recording devices will not automatically capture data concerning on duty, not driving' time. What have drivers been saying about the 11-hour and 34- hour provisions?


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DOT Hours of Service (HOS) Rules - Frequently Asked Questions

There is some evidence that cardiovascular disease is caused in part by truck driving and its risk increases with the duration of this activity and the disruption of the sleep cycle. The injury crash rate, another accepted metric, is also at its lowest point since DOT recordkeeping began. Meanwhile, no real progress has been made by the fmcsa to substantially reduce the truck crash death and injury toll. In the Interim Final Rule, fmcsa makes exactly the same arguments it made to the court when the agency asked for a one-year stay of the court's order vacating the two provisions. Drivers are normally paid by how many miles they drive, therefore, the fewer miles driven the lower their compensation. The authors concluded that it appears that the combination of long driving times and multiple days provides the greatest concern, with several results pointing to the presence of cumulative fatigue.' Jansen,., Kant,., van Amelsvoort,., Nijhuis,., and van den Brandt,. The rules must encourage drivers to get off the road when they are tired, and must not penalize them for doing. The agency has no justification for allowing short-haul drivers to work between 88 and 102 hours over the course of a tour of duty and work two 16-hour days a week-which may be required back-to-back-on the basis of the arguments. When investigators arrived on scene, the federally mandated logbook in which the driver was required to document his on- duty and driving hours was inexplicably missing. DOT hours of service guidelines state that, on average, drivers should be able to travel about 10 miles per hour below the speed limit over a 10-hour period.


A driver placed out of service for violating the hours-of-service regulations may not drive a CMV to any location to obtain rest. Mark Pryor to Hon. So, the number of deaths actually did go up in 2 of the years during which this rule was in place. Its flexibility that drives safety outcomes, not prescriptive regulations based on a one-size-fits-all model (where only a small percentage of drivers fit). The driver has returned to the normal work reporting location and the carrier releases the driver from duty within 16 hours after coming on duty following 10 consecutive hours off-duty; and. Establishing a rule requiring less than the average would result in sleep restriction over time that would lead to increased fatigue and reduced performance, thus elevating crash risk and compromising safety. Nptc members include both Fortune 500 companies and small local distribution companies. Because sleep in short segments is less effective in restoring driving fitness than sleep in one long block, split-sleep patterns are among the strongest predictors of fatigue- related truck crashes. It cannot provide a second 16- hour work day which, on its face, is being male enhancement 60 hour rule adopted to allow the short- haul industry sector to expand working times twice in a work week to 16 hours and. The majority of crashes studied were caused by driver operating or performance errors, not driver fatigue. Fmcsa's Flawed Procedural Approach to This Rulemaking Proceeding fmcsa chose to begin this rulemaking proceeding by proposing the same 2003 final rule that had been the subject of an adverse court decision and which was then vacated in its entirety.


Oversight of the federal truck driver hours-of-service rules and truck

That upper bound will lie in the period between 12 and 14 hours of work.' Fatigue Expert Group: Options for Regulatory Approach to Fatigue in Drivers of Heavy Vehicles in Australia and New Zealand, nrtc, atsb nzlsta, February 2001, page. In particular, the agency relies too heavily on a study conducted by the Virginia Tech Transportation Institute regarding Time-on-Task related fatigue and its contribution to crash risk. Each time the HOS rules change, carriers must retrain their drivers, dispatchers and managers, reconfigure their pickup and delivery schedules, and re-program their electronic on-board recording devices that account for driving time (in the form of electronic log books) and other operational data. This will save many lives, as it did in the 1970s, when the 55-mile-per-hour limit was imposed. PRE at 21,. This is precisely what the fmcsa intended in adopting the final rule. Kerry, Massachusetts olympia. 06-1078, filed September 17, 2007,. However, I must confess my tremendous disappointment. On December 12, we made available to the public an IFR on hours-of-service. The implication is that restart' programs should be approached with caution.' 26 There were also questions raised regarding the efficacy of a restart' period (Smiley and Heslegrave, 1997 there appears to be evidence from this analysis male enhancement 60 hour rule that 24 and perhaps. Department of Transportation (DOT) and the Office of Management and Budget (OMB) decided that the fmcsa would defy the court's decision and issue an Interim Final Rule (IFR) to reinstate the two increases in maximum driver hours of service that the court nullified last July.


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Lautenberg, New Jersey, gordon. 70 FR at,.g., 50012; RIA, Secs. Fmcsa points to a decline in the number of truck-involved fatalities in 20, a lower truck crash fatality rate for 2005 compared to 1975, and a reduced number of truck crash injuries in 2005 and again in 2006. The honest answer is,. 22 O'Neill,.R., Krueger,.P., Van Hemel,.B., and McGowan,.L. The preamble of that notice runs just 10 pages in the Federal Register and essentially reviews the 2003 final rule and poses generalized questions regarding that rule, requests information on HOS issues and asks for public comment. 31 See, the summary of findings in fmcsa Tech Brief mcrt-00-014,. Fmcsa and in our 2000 docket submission dated December 15, 2000, to the agency's notice of proposed rulemaking in fmcsa Docket. As noted earlier, the Hanowski. We haven't done it yet. Prior to joining FreightWaves Dean was vice president of data products at Spireon where he headed up the development of new high-frequency telematics data products.


However, the fmcsa also asserts just prior to this statement that: The research overwhelmingly supports that on average humans require between 7 and 8 consecutive hours of sleep per day to restore performance. Dingus,., Impact of Sleeper Berth Usage on Driver Fatigue, Final Report fmcsa-RT-02-070, 2002. And cost benefits are an incredibly important part of the process that I have to give an account to this Committee, as well. We believe that the current interim final rule (IFR) for hours-of- service, provisions of which have been twice struck down by a Federal appeals court, fails to maximize health and safety. The burden is not the public's to prove that the current rule is inadequate. The July 2005 Court of Appeals decision vacated the 2005 rule, based on the fact that the fmcsa failed to disclose critical information the agency used in its cost-benefit analysis for public comment.


Dangers of Over The Counter Sexual Enhancement Pills- Truckers

We are here because we cannot allow history to once again repeat itself. The ten- hour rest period should provide drivers with sufficient time to address personal and family responsibilities and obtain the necessary.5 hours of rest to avoid experiencing cumulative fatigue. This stance by the agency-rejecting all relevant health-related literature whose weight overwhelmingly links increased exposure to specific health risks with increased numbers and percentages of workers suffering disease, injury, and death-is both imprudent and countermanded by the agency's own contracted. How can truck drivers get a restart on their 60/70-hour limit? 32 Klauer,.G., Dingus,.A., Neale,.L. On reconsideration, fmcsa should undertake a new regulatory impact analysis that is published for public comment. Public Citizen believes after reaching the weekly hours cap, drivers should be afforded a weekly off-duty period that includes at least two to three full nights of rest and not an option to restart after only a 34-hour break. Under the Bush rules, trucking companies would be empowered to force their drivers to work, not 8 hours, not 9 hours, not 10 hours, but 11 hours in a demanding job that most of us couldn't. To some extent drivers can predict and control those administrative duties, but there are many other activities that occur regularly that are also uncompensated yet highly unpredictable. It would be a sizable number of employees that would have to be added to properly bring about zero violation of the hours-of- service rules. The expert group expressed the now widely held view that opportunity for sleep should be a key determinant of maximum allowable working time. This includes asleep-at-the-wheel multi-vehicle crash involvements (0.4 percent of ltccs crashes) and single-vehicle involvements (4.1 percent of ltccs crashes).


The IBT opposes the restart provision and we have taken the position that Teamster drivers in the LTL sector will not use this regulatory provision. Safety and health statistics for 2003 (under the old HOS rules) were compared to those for 2004 (under the current HOS rules) to identify changes in outcomes. They have no new or creditable data or information to support this rule. Congress enacted a special provision giving the agency a one-year reprieve to issue a new rule while the dangerous and illegal 2003 rule remained in effect, threatening the safety of truck drivers and the public more than ever. Chairman Lautenberg, Senator Pryor, members of the Subcommittee, my name is LaMont Byrd, and I'm Director of Safety and Health for the International Brotherhood of Teamsters. I appreciate your openness to this discussion. Fmcsa's hours-of-service rules reduce the risk of fatigue- related crashes involving truck drivers and provide flexibility for the trucking industry to meet the transportation needs of the Nation, while ensuring highway safety. But will you stimulate the opportunity for more public comment on this rule before it's finally put into place? The Bush Administration has gone to extraordinary lengths to allow truckers to stay behind the wheel and on our roads for longer periods of time than they should.


The 11/14 Hour Truck Driving Rule - Ask The Trucker

But with only 8 hours off-duty, drivers had to travel male enhancement 60 hour rule home, complete errands, and take care of other household and life tasks, and sleep, all within 8 hours. Fmcsa Response to the Court's 2004 Decision After reviewing the decision and considering the concerns raised by the Court, fmcsa stood behind the evidence and analysis that supported the 2003 rule and decided to repropose the rule as originally. All of which, once again, leads to inconsistent findings. I want to assure you that we, as an agency, are committed to addressing truck safety in this country, and- Senator Lautenberg. Through focused efforts in the last 2 years, we have seen safety belt use increase from 48 percent to 59 percent. And I want to say, to the families that are here, the people who are part.A.T.T., would you mind just standing for just a moment? In addition, the agency proposes to set no certification criteria for the installation, calibration, or repair of eobrs, leaving those performance standards entirely to eobr vendors. Even the agency admits that two studies of short- haul drivers showed high levels of stress because these drivers regarded their work loads even under the working and driving hours permitted under the pre-2003 regulatory regime to be unreasonable. These studies also highlight one of the biggest issues drivers have with the ELD Mandate it removes the flexibility that paper logs afforded them, and by that I mean not doing more hours just doing them differently based on individual work and sleep preference. Additionally, there are very few driver cases showing 11 hours of driving.' RIA. Senator Lautenberg.-reality-let me say sensibility'- to post a claim that challenges all the rules of normal health. However, in some instances the union and motor carriers negotiated contract language that requires the vehicles to be able to reach an agreed to speed to ensure that the vehicles can be safely operated on highways and throughways,.g., 62 mph for LTL trucks. This will ultimately mean trucks will require less maintenance and that an engine can accumulate more mileage before it needs replacement.


The exemption requested the male enhancement 60 hour rule 24-hour day be defined as.m. See,.g., 65 FR 25548. But, as I will point out, this interaction does not always result in the best or safest policy. For example, for many drivers the 34- hour recovery period occurs on the road rather than at home. Yet the agency acknowledges that these data are deeply flawed. In practice, this means the other vehicle is at-fault. Under the HOS regulations the 14-hour running clock begins whenever a driver performs any on-duty activity after taking a compliant minimum rest period. So-and that's not to mention the increase in registration of trucks.


Why the 14-hour clock rule is the most dangerous of them all

Again, this is time that is against-the drivers aren't getting paid for. It is my pleasure to appear before the Subcommittee today on behalf of ATA. Further, the old' rule allowed drivers to extend their workday by declaring themselves to be off-duty'. The TRB Health Panel found less strong relationships in the reviewed health research literature between commercial driving and other musculoskeletal disorders, gastrointestinal disorders as related to differing shift assignments and circadian rhythm disruptions, separate adverse health impacts due. Moreover, fmcsa's hours of service rules issued in 20ctually increase truck driver fatigue and sleep deprivation that correspondingly increases crash risk. Investigating the causes of the accident is often male enhancement 60 hour rule a second (or lower) level concern. Moreover, drivers were no longer able to extend the daily on-duty period beyond the 14-hour daily limit by taking off-duty breaks during the duty period. But for drivers that maximized their driving hours by alternating the 10-hour driving shift with the 8-hour off-duty period until they reached their 60 or 70 hour weekly maximum driving hours, which was the case for many long-haul drivers. Dorgan, North Dakota KAY bailey hutchison, Texas. Drivers complain that they feel pressured to keep driving when they would like, or need, to take a break in the event that an unforeseen delay would interfere with completing their driving duties within the 14-hour window. Against this backdrop, Congress expressed its concern about the increasing number of truck crashes and sought to improve safety and reduce driver fatigue by revising the exhausting driving limits of the HOS rule. The agency's argument that a 21-hour rotation was preferable to the 18-hour rotation was as gratuitous and unsupported as its conclusory blandishment, supra, that departing from a 24-hour work/rest schedule could achieve safety benefits.' Nowhere in the administrative. Drivers may use personal conveyance to commute to and from work, for example, or to travel to local restaurants, shops, etc., if authorized by the motor carrier.


Chairman, could I just comment that this has to do with exposure data. They're commonly referred to as pickup and delivery drivers.' Regional drivers are sometimes paid a combination of mileage and hour. Moving to our second point, ATA supports the rules, because, simply male enhancement 60 hour rule put, they are working. Drivers of passenger-carrying CMVs are limited to 10 hours of driving after having 8 consecutive hours off duty. Counsel for Petitioner Advocates for Highway and Auto Safety contacted fmcsa's HOS Team in February 2005, before the close of the public docket, regarding the agency's use of abstracts but received no response from agency personnel until May 2005. Only by addressing these issues is there the potential for making significant reductions in driver fatigue. In its first year of operation, fmcsa released a notice of proposed rulemaking (nprm) in 2000 20 that called for a 24-hour mandatory work/rest cycle that would have allowed 12 hours of driving or other work daily. They are expected, however, to perform non-driving, uncompensated work that can consume unpredictable and significant amounts of their on-duty time.


The 11 hours of consecutive driving should be reduced, even 10 hours of consecutive driving is too much, and the 34-hour restart should be eliminated. The fmcsa points out that fars data coders must rely on the original police accident report but that fatigue, of course, is particularly difficult to assess, even with in-depth investigations, since there is no physical evidence of fatigue. These provisions combined allow for a dramatic increase in weekly time behind the wheel. Nothing in that notice necessitated the use of so much time that a true notice of proposed rulemaking could not be included in the agency's rulemaking schedule. This delay raises the question whether the driver can accurately recall his/her driving time so long after the incident. Current Federal hours of service regulations allow truck drivers to drive up to 11 hours in each shift after 10 hours off-duty. Hours of Service rules? I've been an owner-operator. Now, there has been a minimum gain under the 11, but, as the administrator said, not all drivers use that, and certainly not all drivers use the 34-hour restart. The IFR describes additional analysis conducted since 2005 that validates the modeling relied upon by the Agency to examine the relationship between the risk of a fatigue-related large truck crash and driving during the 11th hour. They have come down for 2006 by- Senator Lautenberg.